President Trump stated his administration is exploring the possibility of sending American citizens who are considered "homegrown criminals" to foreign prisons, despite legal and constitutional concerns. He made these remarks during an interview with Fox Noticias.
Trump expressed admiration for El Salvadoran President Nayib Bukele's approach to crime, particularly the establishment of a supermax prison known as the Terrorism Confinement Center (CECOT). He believes Bukele has made El Salvador safer through the construction of this and other large prisons. Trump also mentioned that his administration is using Bukele's system to remove criminals from the United States.
In the interview, Trump mentioned that Attorney General Pam Bondi is currently reviewing the relevant laws to determine if sending American citizens to foreign prisons is legally feasible. He also referenced the deportation of individuals to CECOT, primarily using a 1798 law known as the Alien Enemies Act.
Legal experts have raised significant constitutional issues regarding the potential transfer of U.S. citizens to foreign prisons. A 1936 Supreme Court ruling, Valentine v. United States, established that a president cannot extradite a U.S. citizen without congressional approval. Furthermore, such actions could potentially violate the 8th Amendment, which prohibits cruel and unusual punishment.
The deportations to CECOT have faced legal challenges. An analysis revealed that a significant percentage of the individuals deported had no criminal records. The Supreme Court recently ruled that the Justice Department must facilitate the return of a man who was deported due to an administrative error. The El Salvadoran president has also stated that he does not have the authority to return the man to the United States.
15 Comments
Bermudez
Is there any chance he's even thinking about the ethical implications, or does he just want to look "tough"?
Africa
This is just playing politics for a sound bite. It's not about solving crime, it's about fueling fear.
moshiurroney
Deporting innocent people is proof that this is just about headlines, not actually lowering crime rates.
Eric Cartman
This is a complete abdication of the US's responsibility towards its own citizens and shows a lack of faith in our own justice system.
Stan Marsh
The precedent set would be terrifying for anyone, especially those accused of minor offenses or with the wrong political leanings.
Coccinella
This is a bold move, and I support it. We need to be tough on crime.
Bermudez
I can't believe we're even seriously considering this! It's a dystopian concept!
Habibi
Where's the Congressional approval? This is a direct violation of the separation of powers.
Muchacho
If they're causing problems, get rid of them! Bukele is cleaning up his streets. Let's do the same.
Mariposa
Our prisons are overcrowded. This could potentially alleviate the current situation. Less cost to taxpayers.
Muchacha
Good! Lock 'em up and throw away the key! Criminals shouldn't be coddled.
Mariposa
If it works, it works. The focus should be on getting rid of criminals, regardless of where they do so.
Bella Ciao
Finally! A real solution to protecting our citizens! Get the criminals off the streets, even if it means moving them!
moshiurroney
Homegrown criminals"? This is a slippery slope and a dangerous overreach of power. Who decides who's labeled a criminal?
Farhanctg
Forget legality for a moment. Think about the logistics. Who pays for this? How are they visited? How are they treated?